Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-05-10
A NOVEL DECISION.
The Supreme Court of Ohio Settles the
Policy of the state on Freight Discrim-
nations,

Policy of the State on Freight Discrim-
nations.
Marietta {O.) Leader, May Sd.
Two important decisions were an
nounced, on Tuesday last, by the Su-
preme Court of Ohio.
The suits were instituted by the state,
on relation of the Attorney General
one against the Cincinnati, New Orleans
and Texas Pacific Railway Company,
i. e. the lessees of the Cincinnati
Southern Railway, and its connec-
tons; and the other against the
Cincinnati, Washington and Baltimore
Railway Company. The proceedings are
in quo WarrantO, and are for i forfeiture
of the charters of these corporations.
The petitions charged these companies
with conspiracy with the Standard OIL
Company and its various agencies to
build up that monopoly and crush out
it's competitors, by numerous acts of
unlawful discrimination in freight
rates on petroleum oils, Z such.
SIS charging eXorbitant and %eXtog-s
tionate rates; suddenly, without nRMce,
raising rates that had been given and re-
lied and acted upon; making discrimina-
tions, amounting in some instances to
243 per cent. difference in favor of the
Standard Oil Company, and against other
shippers, and mary other violations Of the
rights of shippers under the laws gov
erning common carriers. These petit
tons were filed by the Attorney General
at the instance of Mr.. Geo. Rice, of Mari
eta, one of the principal sufferers, and
were prepared by his counsel, Judge Y.
B. L0Omis is the c., n. 0. and 7, 2. case
and A. D. Follett, Esq, in the G. W. and
B. case.
The railroad companies interposed de-
murrers to the petition, raising the ques-
lions whether the facts alleged consul
tuted misuse or abuse of the franchise,
rights and privileges conferred upon the
corporations by the law of their c.eation,
and whether the proceeding of quo war
ranto TO Gust them of their franchises,
and deprive them of their corpo rate eX-
istenCeis the proper remedy in such cases.
The two cases are substantially alike
except that the matters complained of in
the Cincinnati, New Orleans and Texas
Pacific case were transactions occurring
outside of Ohio.
The Supreme court oV6rruled the de-
murrer5, thus settling the important doc
trines that such acts are abuses and mis-
use of corporate franchise, which may
be punished by forfeiture of the char
tiers of the corporations if the evidence
sustains the charges; that quo Warrant0
is the proper remedy; and that our courts
may deprive a corpOrati0n-an artiti-
ciaI creature of the state-of its contin-
ued existence and power to do mischief,
when it violates the law Of its creation
and ceases to fulfill the design and pur-
pose of its organization to be q common
carrier for all alike, whether such abuse
Of its powers occurs in a domestic or an
Interstate transaction. We are informed
that Judge Dickman dissents upon the last
proposition.
Judge Nash was associated with counsel
for the state, and Ex-Governor Hoadly
and Hon. w. T. McClintick appeared for
the railroad companies.
The cases were submitted upon elabo-
rate briefs, and full oral argument by all
fth9eOunsel mentioned above.